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Aug 15, 2017

No Right to a Jury Trial for Attorney Fee Awards Under 35 U.S. Code § 285

Patent Law Book

Section 285 of the Patent Act provides: “The court in exceptional cases may award reasonable attorney fees to the prevailing party.”  But, does the Seventh Amendment require a jury trial to decide the facts forming the basis of an award of attorney’s fees under § 285 of the Patent Act?  In AIA America v. Avid Radiopharma (Fed. Cir. 2017), the Federal Circuit has ruled that the factual basis for an attorney fee award need not be decided by a jury — affirming a $4 million fee award that followed a jury trial on the sole issue of whether the plaintiff… Read more


Jun 8, 2017

SCOTUS Clarifies Long Established Patent Exhaustion Doctrine

Printer Cartridges

On Tuesday, May 30th, in its decision in Impression Products, Inc. v. Lexmark International, Inc., the U.S. Supreme Court provided clarity to the long-established patent exhaustion doctrine in connection with the resale of patented products, stating that a patent owner can no longer control its patented product under patent law after the authorized sale regardless of post-sale restrictions, but may restrict further sales of the product through other areas of law such as contract law. Patent exhaustion is a U.S. common law patent doctrine that limits the extent to which patent holders can control an individual article of a patented… Read more